M.C. v. BULGARIA JUDGMENT
1
In the case of M.C. v. Bulgaria,
The European Court of Human Rights (First Section), sitting as a
Chamber composed of:
Mr C.L. ROZAKIS, President,
Mrs F. TULKENS,
Mrs N. VAJIĆ,
Mr E. LEVITS
Mrs S. BOTOUCHAROVA,
Mr A. KOVLER
Mr V. ZAGREBELSKY, judges,
and Mr S. NIELSEN, Deputy Registrar,
Having deliberated in private on 13 November 2003,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 39272/98) against the
Republic of Bulgaria lodged with the European Commission of Human
Rights (“the Commission”) under former Article 25 of the Convention for
the Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by a Bulgarian national, M.C. (“the applicant”), on
23 December 1997. In the proceedings before the Court, the President of the
Chamber acceded to the applicant's request not to have her name disclosed
(Rule 47 § 3 of the Rules of Court).
2. The applicant, who had been granted legal aid, was represented by
Mr Y. Grozev, a lawyer practising in Sofia. Mr Grozev submitted a power
of attorney dated 27 November 1997, signed by the applicant and her
mother. The Bulgarian Government (“the Government”) were represented
by their Agents, Ms V. Djidjeva, Ms M. Dimova and Ms M. Kotzeva, of the
Ministry of Justice.
3. The applicant alleged violations of her rights under Articles 3, 8, 13
and 14 of the Convention in that domestic law and practice in rape cases and
the investigation into the rape of which she had been a victim did not secure
the observance by the respondent State of its positive obligation to provide
effective legal protection against rape and sexual abuse.
4. The application was transmitted to the Court on 1 November 1998,
when Protocol No. 11 to the Convention came into force (Article 5 § 2 of
Protocol No. 11).
5. The application was initially allocated to the Fourth Section of the
Court (Rule 52 § 1).
6. On 1 November 2001 the Court changed the composition of its
Sections (Rule 25 § 1). This case was assigned to the newly composed First